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(영문) 인천지방법원 부천지원 2020.04.23 2019고단3926

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to a suspended sentence of two years for the purpose of violating the Road Traffic Act, and two years for the same court on December 11, 2013. On July 28, 2008, the Defendant issued a summary order of 120,000 won for a fine by the same court on July 28, 2008.

On October 7, 2019, at around 02:03, the Defendant driven CK5 cars under the influence of alcohol with approximately 800 meters alcohol concentration of 0.179% from the 800-meter section from the Hadong-gun (Seoul) to the front roads of the same military.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Previous records of judgment: Criminal history records, a copy of judgment, and the application of Acts and subordinate statutes of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act, even though the defendant has already been punished for drinking, the crime of this case has already been committed and drinking water is also high: Provided, That in consideration of the support relationship, etc. of the defendant, the last opportunity shall be given to

1. It shall be decided as ordered for the reason that probation, community service, or lecture attendance order is under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;